"Use By" dates explained

Most prepacked foodstuffs must carry a date of minimum durability. This can be either a 'best before' date or a 'use by' date.

These date marks must be in a prominent place on the label, if this is difficult the manufacturer must state where the date can be found, e.g. best before: see date on lid.

It is an offence for unauthorised persons to change date marks. Manufacturers are the only ones authorised to do so.

'BEST BEFORE' DATE

This may take the form of the words 'best before' followed by the date, e.g. 'best before' 1 January 2003. The date marks on longer-life food may use the phrase 'best before end' followed by a date,

e.g. 'best before' end March 2003. This is the date up to and including which the food can be expected to remain at peak quality if properly stored. Food may be edible after this date; however its quality may suffer, e.g. potato crisps might become soft.

It is not an offence under the Food Labelling Regulations to sell food passed it's 'best before' date; however an offence may have been committed under Section 14 of the Food Safety Act 1990 as the food may

not be of the 'quality demanded by the purchaser'. The retailer is responsible for ensuring that food sold has not deteriorated beyond the point acceptable to the consumer.

It is a criminal offence to sell food not of the 'quality demanded'.

'USE BY' DATE

This consists of the words 'use by' followed by the date, e.g. 'use by' 5 April 2003. The 'use by' date is used for food which are highly perishable and which can after a short period cause an immediate health risk; examples are meat pies and some ready prepared meals. These foods could become a health risk if used after the 'use by' date. It clearly instructs consumers as to the date a product should be used by. Some foods, such as bread, are highly perishable but do not carry the immediate risk and are therefore labelled with a 'best before date'.

It is a criminal offence to sell, or have on your premises exposed for sale, under the Food Labelling Regulations, any product that has gone beyond its 'use by' date. Any product passed its 'use by' date must be removed from sale.

EGGS

There are some specific rules that only apply to eggs. Eggs must be marked with a 'best before' date. This date may be up to a maximum of 28 days after the eggs are laid. Eggs must be sold to the consumer within 21 days after the eggs were laid, this means that they must be sold 7 days before the 'best before' date expires,

e.g. Eggs marked 'best before 22 March' must be sold by 15 March.

It is an offence to supply eggs if there are less than 7 days before the 'best before' date expires.

STORAGE CONDITIONS

Both 'use by' dates and 'best before' dates may be accompanied by storage conditions. The storage conditions given on the label must be followed by the retailer to avoid the deterioration of the food whilst it is in their possession.